Dear @@%@#$%
We do understand that situation may seem grim due to the delays that have happened, however the terms and conditions that you have agreed and signed when you purchased your order, have the necessary factors presented that has capacity and legal purpose. Everything was presented prior to you placing and purchasing your order.
Termination
11.1 We reserve the right to terminate and rescind an approved order, or the entire Sales Agreement, immediately in the event the Purchaser breaches the Sales Agreement and fails to rectify such breach within fifteen (15) calendar days from Our written notification to the Purchaser of the breach. Such notice shall not affect Our right to claim damages or any other economic compensation due to the Purchaser’s breach. Further, We reserve the right to immediately terminate and rescind an approved order, or the entire Sales Agreement, in the event that the Purchaser: (i) no longer conducts any of its business activities, (ii) suspends its payments, (iii) enters into liquidation or initiates reorganization, (iv) initiates negotiations with creditors on composition or (v) for any other reason may reasonably be deemed as insolvent.
11.2 Termination and rescission under this section shall not under any circumstances give rise to any obligation for Us to pay compensation to the Purchaser, and does not restrict Our possibility to claim damages or other economic compensation due to the event which justified Us to terminate the order or the Agreement.
11.3 The Purchaser understands and agrees that we will use his payment in order to purchase the necessary materials or pay workmanship required to fulfill his pre-order which will be non-refundable if cancelled. For this reason, the purchaser hereby gives us the right and agrees with our decision to decline any requests from him or third parties to cancel his pre-order.
Where the payment was made, is not the one the puts you and us on legal grounds, it is you agreeing to the terms and conditions BA has presented, prior to you purchasing your order.
The terms and conditions that was presented prior to you purchase, has the mutuality of obligation (consisting of offers and acceptance), we clearly defined the terms and considerations. If the said necessary factors or capacity and legal purpose had been lacking, don't you think we would still be here answering to your tickets? BA has presented and had clearly explained the causes of delay. Official emails, website news and updates, and even through our ticketing system, we have presented the issues, concerns and even accepted open opinions for help. Clearly BA has the right to prove to you that as a company we do exist and trying to resolve the problems that had been.
BA also acknowledges the right of its customers to air in written and in any form their dismay for the delay of their orders and services, however, customers should also be reminded that whatever a customer may say or do can also be taken against them and be pressed as Libel. We can take the verbal and written battery, but we also know where the line is, between us as a company and with our obligations to our customers. There is no proof that BA is a scam as we have proofs of delivery of customer's order and services, and yes, despite the presented circumstances, we gained loyal customers. We have proofs of contracts with our internal and external partners and reports of what and why there is a cause of necessary delays. All was well explained written and even verbal to all of the affected parties, and that includes our customers.
Mining equipment was never done to produce large amounts of Fiat or profit, but as a tool for Bitcoin enthusiasts, the device still serves it's purpose and can miner bitcoins, that is it's original purpose.
Also before purchasing any equipment/service, you must get familiar with product/service you are investing to, as we do not sell out of the shelf products. The purchase is classified as investment into development of new products. As any investment it involves risk.
However, if you experienced issues with our products we still provide RMA. Unfortunately development of miners are complex process and things not always go as planned, which we apologize for from our side. However we do not refuse to deliver product, or repair it as per agreement during purchase.
Unfortunately the Bitcoin mining market demand is very low and we have no hope of selling your machine to someone else. We see no other choice but to decline your refund as per clause 11.3 of our terms and conditions and honor your order as placed. We are sorry for any inconvenience this might have caused you.
As per Management, we cannot afford to send refunds as we've spent all money to purchase parts required to build the miners. If we cancel your order we have nothing to do with the cases, power supplies and other goods that have been manufactured just for your order.
We can only offer 50% compensation for the original hashing power purchased in hardware as previously offered and stated on our website; without going into bankruptcy and rendering our customers unable to receive products or compensation. Unfortunately we are unable to provide FIAT refunds.
Also, we can offer to ship you ASIC CHIPS instead and we can dispatch them immediately.
We exchange base on your order, 120 ASICs per 1 Prospero X3 or 7 ASICs per 1 Prospero X1.
We exchange 1 ASIC chip for each $45 you paid for the Cloud Hashing service.
Note that should you choose this option you are forfeiting the compensation previously announced.
Understanding your dismay due to the various causes of delay, but your refusal to receive your order will either lead to the destruction of your goods, or we might accept it as gift to us and send it to other customer. In any case, we will NOT issue you with any refund and our contract will be deemed as fulfilled. Please note, that we will refuse DHL to return your package. Should you choose to let DHL destroy it, that is your option; it is your merchandise, you can do whatever you want with it (as long it is for legal purposes only). If you want to give it to us as a gift, please let us know and we'll inform DHL to deliver to another customer. Warning: If you choose to take no action and your package will stay with DHL until they will destroy it.
However, should you wish to wait out, since we are now testing new hashboards in which we believe that we have solved the problem. As soon as tests are conclusive, we will resume immediately our assembly and dispatch process. Again we are deeply sorry for the inconvenience.
We would like to also introduce and offer our partner's hosting service in China. Our partner charges US$90/month for 1Thash of hosting and we can ship your machine directly to them. At the moment the contract is not available but we can send it to you as soon as we have it.
With the various options that we can offer, Kindly let us know what you prefer so we can proceed immediately, thank you.
Regards,
Black Arrow Team
Please note that all our sales, services and communications are subject to our terms and conditions and your reply to this email will be considered an agreement to our terms and conditions from this webpage:
http://www.blackarrowsoftware.com/store/legal.html
